Last week the First Circuit Court of Appeals ordered that HUD may proceed with its FY26 Notice of Funding Opportunity (NOFO). HUD quickly issued notice reinstating the NOFO, with an updated due date of September 30, 2026.
Our two CoCs – Hampden County and Three County – are proceeding with their applications.
See below for more detailed information sent on 9/17/26 from Ann Oliva, CEO of the National Alliance to End Homelessness:
I’m reaching out this morning with a new development in our litigation against HUD regarding the FY 2026 CoC NOFO.
As you know, on August 7, the U.S. District Court for the District of Rhode Island vacated (or, in other words, struck down) the 2026 CoC NOFO, effectively blocking the unlawful weaponization of government funding.
It was expected that HUD would appeal this decision. When they did so, they also moved for an emergency “stay,” or pause of the district court’s decision, as the appeal progresses.
We received news from the 1st Circuit Court of Appeals regarding the government’s emergency motion yesterday – the court stayed the district court’s ruling to vacate the NOFO. In plain language, this means that the district court opinion that struck down the NOFO is paused. HUD can proceed with its NOFO for now, while the circuit court hears both sides during the appeal. It could take months for the case to make its way through the appeals process.
We are both surprised by and disappointed with the Court’s determination, which provides little reasoning for its decision. Despite our coalition’s repeated triumphs in the lower court, this decision will give new life to HUD’s attempt to radically upend this critical program by defunding permanent housing solutions, which threatens to push 100,000 Americans into homelessness, including veterans, people with disabilities, and families with children.
We understand that many of you will immediately wonder what’s next. We are working quickly to evaluate potential next steps in this process.
What we do know is that it is likely that the FY 2026 CoC Program NOFO application will become live and the deadline will be imminent. [Note: the new deadline of September 30 has since been announced.]
During this time, it will be as important as ever that we leverage our collective advocacy. Your advocacy has been critical to our success in court to date, and it is absolutely essential in this moment as well. In the coming days, the Alliance will have tools and resources to help you speak up to your elected officials on behalf of the people we serve. We urgently request that you do so.
In the meantime, we are evaluating our next steps and remain committed to protecting this funding that keeps people out of homelessness.
Best,
Ann Oliva
Chief Executive Officer
National Alliance to End Homelessness
